Social Media Sweepstakes Terms & Conditions — Page 1

1. DESCRIPTION: From time-to-time OpticsPlanet, Inc. (“Sponsor”) may conduct sweepstakes (individually, a “Promotion”) on social media/networking websites including, but not limited to, www.facebook.com and www.instagram.com (each, a “Social Media Site”). Unless specifically noted otherwise by Sponsor, these terms and conditions shall serve as the Official Rules for each Promotion conducted by Sponsor. Sponsor may terminate, extend, suspend, or alter any Promotion in its sole discretion. These rules may be updated as deemed necessary by Sponsor in its sole discretion. By participating in a Promotion, each entrant ("Participant"): (i) unconditionally accepts and agrees to comply with, abide by, and be bound by these Official Rules and the decisions of Sponsor; and (ii) accepts and agrees the decision of the Sponsor shall be final and binding in all respects.

Each Promotion will be announced via a status update, blog post, email, or other call-to-action (“Promotion Posting”). A Promotion Posting will include: (i) the name of the Promotion (“Promotion Name”); (ii) how to enter; (iii) the entry period (“Entry Period”); (iv) the drawing date; (v) the number of potential winners (each, a “Potential Winner”); (vi) the applicable prize(s) and associated approximate retail value; and (vii) the eligibility requirements. All information contained in a Promotion Posting is incorporated herein by reference.

2. 
   SPONSOR: Each Promotion is sponsored by OpticsPlanet, Inc. located at 3150 Commercial Ave. Northbrook, Illinois. 60062, and is in no way sponsored, endorsed, or administered by, or associated with Facebook or Instagram.
3. 
   ELIGIBILITY: Unless otherwise stated in the Promotion Posting, each Promotion is open only to legal residents of the United States and the District of Columbia, who are eighteen (18) years of age or older as of the date of entry. Officers, directors, employees, freelancers, and independent contractors of Promotion Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside) and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win any Promotion. “Promotion Entities” shall mean Sponsor and each Promotion’s advertisers, administrators, promotional agencies, and any other person or entity involved in the development, administration, promotion, implementation, or distribution of the respective Promotion or prizes supplied for the Promotion. All applicable federal, state, and local laws and regulations apply. Void where prohibited.
4. 
   HOW TO ENTER: To participate in a Promotion, the Participant must have an account with the applicable Social Media Site on which the Promotion is being conducted, subject to each Social Media Site’s official terms and conditions.

Entry into a Promotion will only be via the method specified by Sponsor in the Promotion Posting on the Social Media Site.  Each Participant may only use one (1) Facebook account or one (1) Instagram account to participate in a Promotion. There is a maximum of one (1) entry per person in each Promotion, regardless of method of entry. Participants may not enter with multiple email addresses or multiple social media accounts.  Any attempt by a Participant to obtain more than one (1) entry in a Promotion by using multiple and/or different identities or accounts will disqualify the Participant from the Promotion. All entries must be received during the Entry Period with any subsequently received entries being disqualified. Any Participant who changes or deletes their social media account used for participation prior to announcement of the Promotion’s Potential Winner will be disqualified. Entries are void if they do not comply with these Official Rules and the Promotion Posting. Participant entries from and for one Promotion will not be included in any other Promotion.  Standard network and data rates may apply from your wireless and/or internet carrier for accessing your Social Media Site, and you are solely responsible for any such charges.  All entries become the exclusive property of Sponsor, and none will be acknowledged or returned.

1. To enter a Promotion via Facebook: During the Entry Period, for one (1) entry into a Promotion, you must: (i) “Follow” the specified Facebook page contained in the Promotion Posting (you can find the “follow” button by selecting the pop-up menu near the page’s “like” button, which is above “Create Post”); and (ii) comment on the Promotion Posting (your comment must include “#sweepstakes”). Failure to appropriately perform all actions will result in an ineligible entry and will be disqualified.
   
   
2. To enter a Promotion via Instagram: During the Entry Period, for one (1) entry into a Promotion, you must: (i) follow the applicable Instagram page as specified in the Promotion Posting; (ii) like the applicable Instagram post as specified in the Promotion Posting; and (iii) comment and tag two (2) distinct friends (tagged friends will not be entered into the sweepstakes) and include “#sweepstakes” in your comment. Failure to appropriately perform all actions will result in an ineligible entry and will be disqualified. Each Participant must have their account privacy settings set to “Off”, thereby allowing an open and publicly visible profile, to allow Sponsor to validate Promotion eligibility, until the Promotion’s Potential Winner is announced.
   
   

III. To enter a Promotion via Free Online Alternate Method of Entry (“AMOE”): During the Entry Period, for one (1) entry into a Promotion, without the need to create a social media account or make a purchase, you can alternatively enter by emailing the below information to sweepstakes@opticsplanet.com. 

Subject Line: Promotion Name

Body of Email:

Your first and last name

Your shipping address

“This is my official entry for the Promotion Name”

NO PURCHASE IS NECESSARY. Making a purchase will not increase your chance of winning. All entries become the property of the Sponsor and will not be returned to the Participant or acknowledged by the Sponsor.

5. 
   POTENTIAL WINNER SELECTION, NOTIFICATION, AND PRIZE FORFEITURE: Each Potential Winner will be chosen in a random drawing conducted by Sponsor from all eligible entries received for the applicable Promotion on or about the drawing date set forth in the Promotion Posting.
   
   Each Potential Winner will be notified within seven (7) business days following the conclusion of the Promotion by a direct message through the Social Media Site used for the applicable Promotion (“Social Media Notification”) or via email (if a Potential Winner selected submitted his or her entry via AMOE), depending on the information provided at the time of entry. A Potential Winner who receives a Social Media Notification will be required to respond to Sponsor via a direct message from that Social Media Site within three (3) business days by providing Sponsor their valid email address. 
   
   Each Potential Winner will be required to verify their eligibility and complete certain required documentation, as applicable and as may be required, including an affidavit of eligibly, publicity release, liability waiver, and other necessary documentation, such as W9, No Export Certification, and Domestic Compliance Certification ("Prize Documentation").  Applicable Prize Documentation will be sent each Potential Winner to the email address provided by Participant.
   
   A Potential Winner’s eligibility to a prize will be forfeited, and Sponsor reserves the right to randomly select an alternate Potential Winner from the remaining eligible entries received for the applicable Promotion, if: (i) a notification email is not provided to Sponsor within the applicable time period upon receipt of a Social Media Notification; (ii) all necessary Prize Documentation is not returned to Sponsor within five (5) business days of receipt thereof; (iii) a Social Media Notification or email notification to a Potential Winner is returned as unclaimed or undeliverable; (iv) a Potential Winner is found to be ineligible or noncompliant with these Official Rules or the Promotion Posting; or (v) a Potential Winner declines the prize (or any portion thereof) for any reason prior to award.
   
   Sponsor shall have no liability for any notification not received by a Potential Winner for any reason or received by Potential Winner after expiration of any applicable notification/response deadline identified herein. Sponsor’s decisions concerning selection of winners, as well as all other matters relating to any Promotion, are final and binding.  
   
   6. ODDS: Odds of winning a Promotion will depend on the number of eligible entries received for such Promotion.
   
   7. PRIZES: The number and approximate retail value of prizes awarded in any Promotion will vary and will be set forth in the Promotion Posting.  Winners are responsible for all costs associated with receipt and use of the prizes, including any applicable federal, state, and local taxes, and may be issued an IRS 1099 Form depending on value of Prize. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Prizes are not transferable, substitutable, or redeemable for cash, except Sponsor, at its sole discretion, reserves the right to substitute a prize for a prize of comparable or greater value, including substitution of an account credit for a prize of comparable or greater value at any of Sponsor’s other web properties. Winners may be required to submit an export compliance certification, domestic compliance certification, affidavit of eligibility, publicity release and liability waiver, where legal, winners must provide a mailing address, and winner may be required to sign a waiver of rights for the winner's full given name to be used by the Sponsor or affiliated parties for any marketing purposes or sweepstakes materials.
   
   Except where prohibited by law (e.g., Tennessee residents will not be required to agree to an in-perpetuity publicity release as a condition to winning a prize), acceptance of the prize constitutes permission for Sponsor to use winner’s name, hometown, likeness, statements, and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world in perpetuity without further release, additional prize, incentive, consideration, compensation, permission, consent, notification or review; and upon request, winner will provide written consent to such use.
   
   8. GENERAL RULES: By entering a Promotion, each Participant understands and agrees: (i) Participant will abide by and be bound by these Official Rules, and Participants will abide by and be bound by the decisions of the Sponsor, which are final and binding in all matters; (ii) all decisions by Sponsor shall be final and binding and no appeals will be permitted; (iii) prizes are non-assignable or transferable, and cannot be substituted as provided herein, however, Sponsor reserves the right to substitute a prize at its sole discretion; (iv) to release, discharge, and hold harmless Sponsor and all parent companies, subsidiaries, affiliated companies, and their respective officers, directors, shareholders, employees, agents, attorneys, and representatives, as well as any Social Media Site which a Promotion is conducted, (collectively referred to as the "Released Parties") from any and all claims, demands, and liability whatsoever resulting from participation in the Promotion, acceptance, possession, misuse, or use of a prize, or dissatisfaction in connection with acceptance, possession, misuse, or use of a prize or participation in the Promotion; (v) Released Parties shall not be liable for any losses, damages, demands, or injuries of any kind resulting from or in connection with the Promotion, including but not limited to those related to defamation, privacy rights, portrayal in a false light, injuries, or losses caused by a prize or any other cause of action; (vi) all Promotion entries will be deemed made by the Authorized Account Holder (as defined below) of the email address used and as may be associated with the Social Media Site account used for participation, and each Potential Winner may be required to show proof of being the Authorized Account Holder for that email address (the "Authorized Account Holder" being the natural person assigned to an email address by an internet service provider, online service provider, or other organization responsible for assigning email addresses for the domain); (vii) Released Parties are not responsible for lost, inaccurate, misdirected, undeliverable, illegible, postage-due mail, incomplete, stolen, unfinished, deficient entries or email, or for any unavailable network, server, Internet Service Provider, connection, availability of website, failed computers, or any other technical, computer, or electronic malfunctions, failures, difficulties, or errors of any kind whether human, mechanical, technical, electronic, computer, network, typographical, or otherwise relating to or in connection with the Promotion, including any errors, technical or otherwise, that may occur in connection with the administration of the Promotion, the capturing or processing of entries, or the announcement of the prizes; (viii) mechanically reproduced, illegal, forged, software generated or other automated entries will not be accepted and all such entries will be void and disqualified; (ix) Participants or individuals in violation of any of these Official Rules will be disqualified and their entries will be void; (x) Released Parties are not responsible for any damage or injury caused by participation in this Promotion; (xi) if any virus, bug, or other technical difficulty causes delay in the Promotion or compromises the integrity of the Promotion, the Sponsor retains the right to modify, suspend, or terminate the Promotion; (xii) details not specified herein will be determined at the sole discretion of Sponsor; (xiii) Sponsor's database clock will be the official timekeeper for the Promotion; (xiv) information collected in connection with this Promotion will be used in accordance with the Sponsor's Privacy Policy located at https://www.opticsplanet.com/privacypolicy.html and Participant agrees that all Prize Documentation and any necessary personal information of each Potential Winner may be shared between Sponsor, and with any necessary third parties for purposes of awarding the prize, tax purposes, and any other purpose for effecting transfer, reporting of such prize, or compliance with any applicable laws and regulations; (xv) Participant grants Sponsor and its subsidiaries and affiliates, and those acting with their authority, without additional compensation, consideration, or notice or permission, to use, adapt, reproduce, distribute, display, copy, modify, create derivative works, publicly perform, exhibit, distribute, transmit or broadcast or otherwise use whether alone or in combination with other materials in any media now or hereafter developed, Participant’s name, address, visual likeness, photograph, voice, and biographical and personal background information, statements, without limitation, in whole or in part, worldwide in connection with the promotional or marketing activities of Sponsor and/or its subsidiaries or affiliates; (xvi) each Promotion is subject to all applicable federal, state and local laws and regulations.
   
   9. CONDITIONS OF PARTICIPATION: As condition of participating in a Promotion, Participant understand and agrees: (i) all questions or issues arising out these Official Rules, the Promotion Posting, or the rights and responsibilities of the Sponsor or Participant shall be governed by and construed in accordance with the procedural and substantive laws of the State of Illinois, without giving effect to the rules or provisions of any other state's laws. Participant acknowledges and consents to Illinois courts having personal jurisdiction over any dispute or litigation arising out of or relating to a Promotion, and venue will only be in Illinois; (ii) Participant hereby waives all rights to claim punitive, consequential, incidental, or other damage in connection with a Promotion, and under no circumstances will Participant be able to obtain awards for, or connection with, participation in a Promotion; (iii) Participant shall not be entitled to receive attorneys’ fees or other costs in connection with a Promotion or any issue arising from a Promotion; (iv) any causes of action arising out of or connected with a Promotion shall be resolved individually and exclusively through final and binding arbitration, without resort to any form of class action; (v) Sponsor reserves the right to modify, terminate, or suspend a Promotion if it determines, in its sole discretion, that the Promotion is not feasible or malfunction, technical, or otherwise, has impaired the feasibility or integrity of a Promotion, including any event beyond Sponsor's control, including but not limited to, fire, flood, earthquake, or other act of God, or any equipment failure, or any other reason outside the Sponsor's control.
   
   10. DISQUALIFICATION: At Sponsor's sole discretion, Sponsor reserves the right to disqualify any individual or Participant who has tampered, disrupted, or undermined the legitimacy of the Promotion. Sponsor reserves the right to disqualify any Participant who acts in any manner that is disruptive, not fair or equitable, or harasses other Participants or Sponsor.  Sponsor reserves the right to seek damages and other remedies from any such Participant to the fullest extent permitted by law, and Sponsor shall be entitled to all applicable attorneys’ fees.
   
   11. INVALIDITY: If any provision in these Official Rules is determined to be unenforceable, invalid, or illegal, these Official Rules should otherwise remain in effect and shall be construed in accordance with their terms as if the unenforceable, invalid or illegal terms were not contained herein. In the event of any discrepancies or inconsistencies between these terms, disclosures and any other Sponsor materials, these Official Rules prevail, govern, and control.
   
   12. DATA COLLECTION: Participant understands that it is providing information to Sponsor, and not Facebook or Instagram, and that Sponsor treats email addresses and information submitted in connection with each Promotion in accordance with Sponsor's Privacy Policy located at https://www.opticsplanet.com/privacypolicy.html. Participant agrees that all Prize Documentation and any necessary personal information of winner may be shared between Sponsor and with any necessary third parties for awarding the Prize, tax purposes, and any other purpose for effecting transfer, reporting of such prize, or compliance with any applicable laws and regulations. The terms and condition of these Official Rules shall prevail in any conflict between the Official Rules and such Privacy Policies.
   
   13. WINNERS LIST: To receive the official "Winners List" for a Promotion, email sweepstakes@opticsplanet.com with a subject line "Promotion Name Winners List". The Winners List will be available for thirty (30) days following verification of each Potential Winner.
   
   14. OFFICIAL RULES: To receive a copy of these Official Rules, email us at sweepstakes@opticsplanet.com with a subject line of "Request For Official Rules For Sweepstakes on Social Media”. 

Last updated: 1.5.2023